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(영문) 서울중앙지방법원 2017.12.14 2017고단7453
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, around July 27, 2017, the Defendant received 3 million won from a person who was in a name in front of the Gwanak-gu Police Station located in the Gwanak-gu Seoul Special Metropolitan City, the Defendant transferred the physical card and password connected to the bank account (B) of the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transfer;

1. Personal information about customers and details of transactions;

1. Application of Acts and subordinate statutes to Mesto photographs;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the history of having taken two times the suspension of indictment for the same crime even before the instant crime was committed.

The Defendant transferred the access media, such as the instant physical card, etc., and the Defendant’s account was used for committing a crime, thereby causing the victim.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

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